Question

LEGAL PRINCIPLES: 1. An act done by the consent of a person above 18 years is not an offence; provide the offender did not intend to cause death or grievous hurt. 2. Mere pecuniary benefit is not a ‘thing done for a person’s benefit’. FACTUAL SITUATION: A, a poor man, is in dire need of money to pav off his money lenders. A approaches Z, a doctor, to operate on him to remove one of his kidneys so that he can donate it to needy people and earn monev. The doctor explains to him the risks and thereafter proceeds to remove his kidney. In the process, some complications develop and A develops an abdominal tumour. Is Z guilty? DECISION: (Answer the question after reading the following paragraph.)

LEGAL PRINCIPLES: 1. An act done by the consent of a person above 18 years is not an offence; provide the offender did not intend to cause death or grievous hurt. 2. Mere pecuniary benefit is not a ‘thing done for a person’s benefit’. FACTUAL SITUATION: A, a poor man, is in dire need of money to pav off his money lenders. A approaches Z, a doctor, to operate on him to remove one of his kidneys so that he can donate it to needy people and earn monev. The doctor explains to him the risks and thereafter proceeds to remove his kidney. In the process, some complications develop and A develops an abdominal tumour. Is Z guilty? DECISION: (Answer the question after reading the following paragraph.)

Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Option A: Yes, donating kidney for money is illegal and amounts to trafficking of organs.
Option B: Yes, removing kidney for money is not an act protected by this exception.
Option C: No, Z performed the operation with A’s consent and fully explained him the risks involved.
Option D: No, Z’s act was done for A’s benefit so that he can pay off the money lenders.

Correct Answer

Option: b

Explanation

Section 336 of IPC said about Act endangering life or personal safety of others.

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